Law, Democracy and the Crisis of Foundation: Deconstructive and Constructive Perspectives

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Giuditta Bissiato

Law, Democracy and the Crisis of Foundation

Deconstructive and Constructive Perspectives

Giuditta Bissiato

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English

Routledge
03 April 2025

Social & political philosophy; Political science & theory; Political structures: democracy; Jurisprudence & philosophy of law; Systems of law

Series: Law and Politics

This book addresses the crisis of the juridical-political foundation within contemporary democracies.

Although modernity is the age of foundation, it is marked by what Carl Schmitt referred to as a peculiar ‘dialectic of presence and absence’ – and this is true even for those theories that seem to be the greatest supporters of the necessity of some kind of foundation, such as the Hobbesian commonwealth. This instability of foundation is inherent in the concept of ‘political representation’, which brings into being an idea – such as that of ‘nation’, ‘people’ or ‘popular will’ – which cannot, however, actually correspond to any empirical reality. Is it possible, then, to identify an absolute, certain and stable foundation capable of generating and guaranteeing the persistence of a legal and political structure? Or does this very question bind us to the history of an impossibility: a foundational absence, or void, whose presence is only now being strongly felt? Engaging both historical and contemporary perspectives, this book addresses the problem of foundation through both deconstructive and constructive perspectives – which respectively aim to challenge the very idea of foundation, or to overcome its contemporary crisis in order to present new, post-foundational possibilities.

This book will be of interest to scholars and researchers working in the areas of legal and political theory.

Edited by: Giuditta Bissiato
Imprint: Routledge
Country of Publication: United Kingdom
Dimensions: Height: 216mm, Width: 138mm,
Weight: 350g
ISBN: 9781032748160
ISBN 10: 1032748168
Series: Law and Politics
Pages: 96
Publication Date: 03 April 2025
Audience: College/higher education , Professional and scholarly , Primary , Undergraduate
Format: Hardback
Publisher's Status: Active

Giuditta Bissiato is PhD in Philosophy at the Universities of Pisa and Florence, Italy.